1
Q
Performance certificates
A
Evaluate work that has been done and put a figure on it to say “this is what is owed for work done thus far”
2
Q
Certificates
A
Hire third party to issue certificates for payment/performance
3
Q
Interim payment certificate
A
- Allow contractor to be paid as work progresses
- Subject to adjustment
4
Q
Final Payment Certificates
A
- Bind parties even if error, unless unfair to contractor
- Owners obliged to pay what is certified
5
Q
Amount certified for payment
A
Must calculate according to contract and what it says to consider
6
Q
Common law deductions from progress payments
A
- Holdbacks
- Deductions for defective work
7
Q
Renumeration
A
- Money paid for work and service
- Contract specifies type, amount, and timing
8
Q
Entire vs partial completion
A
- Payment timing consideration
- If entire doctrine of substantial performance relaxes that
- unjust enrichment: pay for work done
9
Q
Pay when paid clauses
A
- Clauses saying subcontractor is not entitled to payment until and only to the extent that the contractor is paid by the owner
- Must be very clear and specific
- Not when default caused by contractor
10
Q
Statutory Declaration
A
Saying that all contractors and subs have been paid (all people beneath you)
